Law Commons^™

Self V. Queen: Retaining Eighteenth Century Feudalistic Jurisprudence To Determine A Landowner's Duty Of Care, Thomas S. Kleeh

West Virginia Law Review

No abstract provided.

West Virginia Landlord And Tenant Law: A Proposal For Legislative Reform, Richard L. Costella, Christopher S. Morris

West Virginia Law Review

No abstract provided.

Real Property, T. Daniel Brannan, William J. Sheppard

Mercer Law Review

This Article surveys the case law and legislative developments in the Georgia law of real property from June 1, 1996 to May 31, 1997. The authors do not endeavor to chronicle every case decided or address each action by the Georgia Legislature during that period. Instead, they focus on those cases and statutory enactments that are likely to have some particular significance for legal practitioners in their day-to-day practice or that establish some new principle of law. During the past year, some of the more significant developments in real property law have come from the legislature, including the passage of …

The Role Of The "Harm/Benefit" And "Average Reciprocity Of Advantage" Rules In A Comprehensive Takings Analysis, Lynda J. Oswald

Vanderbilt Law Review

A "regulatory taking" occurs when the government does not formally exercise its power of eminent domain, but enacts a law or undertakes an action that results in a de facto "taking" of property for which compensation is constitutionally mandated., The United States Supreme Court has struggled for decades to determine when a land use regulation is a valid exercise of the police power (and thus not subject to the compensation requirement of the Fifth Amendment to the United States Constitution) and when such a regulation goes "too far" and becomes a regulatory taking.

The Supreme Court has developed a number …

The Evolution Of Restrictive Covenants In West Virginia, John W. Fisher Ii

West Virginia Law Review

No abstract provided.

Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, Debra Pogrund Stark

University of Michigan Journal of Law Reform

Lenders view real estate foreclosures as too expensive and time consuming a process which needlessly increases the costs of making loans. Others complain that the foreclosure process fails to adequately protect the borrower's equity (the value of the property in excess of the debt secured by the property) in the mortgaged property.

This article tests these views by gathering new data on the fairness and efficiency of the foreclosure process. Based on the data collected (which confirms some assumptions but disproves others), the author proposes a reform of the foreclosure process to promote the interest of both lenders and borrowers. …

Creditors Of A Joint Tenant: Is There A Lien After Death, John W. Fisher Ii

West Virginia Law Review

No abstract provided.

Takings And Causation, Jan G. Laitos

William & Mary Bill of Rights Journal

Constitutional protection of private property is grounded in a conflict between two legal principles--the government's power to regulate private property for the common good and the Constitution's limit on this power in the Takings Clause. The Takings Clause's check on government power conforms to John Rawls's philosophy, which rejects the utilitarian beliefs that government may act to achieve* the "good" of maximizing human happiness and that government can force people to trade certain political liberties for an improved distribution of wealth. Under Rawls's theory, the principle of "justice as fairness" limits a government's ability to require some people to bear …

From Piracy To Prostitution - State Forfeiture Of An Innocent Owner's Property: Bennis V. Michigan, Charlena Toro

Brigham Young University Journal of Public Law

No abstract provided.

Oil And Gas Regulatory Considerations For Coal, Oil And Gas Operators In West Virginia: Selected Issues, William H. Hill Iii

West Virginia Law Review

No abstract provided.

Some Green For Some Green In West Virginia: An Overview Of The West Virginia Conservation And Preservation Easements Act, Ryan Christopher Anderson

West Virginia Law Review

No abstract provided.

Not In My Backyard: A Critique Of Current Indiana Law On Land Use Moratoria, Thaddeus R. Ailes

Indiana Law Journal

No abstract provided.

How Takings Legislation Could Improve Environmental Regulation, E. Donald Elliott

William & Mary Law Review

No abstract provided.

Muddle Or Muddle Through? Taking Jurisprudence Meets The Endangered Species Act, Mark Sagoff

William & Mary Law Review

No abstract provided.

Inserting The Last Remaining Pieces Into The Takings Puzzle, Douglas W. Kmiec

William & Mary Law Review

No abstract provided.

An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Christopher L. Sagers

Michigan Law Review

John and Janet lived for most of their early years together in a townhouse in Manhattan. It was a rental, a two-story walk-up on the Upper West Side with barely enough room for the two of them, and it ate up most of their income so that they were barely able to save anything. "Wait a minute," John said one day, "we're paying almost as much for this dump as we'd pay for a mortgage on a nice house!" So the two of them looked over their finances. Not much there. A few thousand and a 401(k) at Janet's work. …

The Delicate Art Of Balance - Ruminations On Change And Expectancy In Local Land Use, James E. Brookshire

William & Mary Law Review

No abstract provided.

The Politics Of Takings: Choosing The Appropriate Decisionmaker, Lynda L. Butler

William & Mary Law Review

No abstract provided.

The Takings-Puzzle Puzzle, James E. Krier

William & Mary Law Review

No abstract provided.

The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor

William & Mary Law Review

No abstract provided.

Tenancy By The Entirety: The Strange Career Of The Common-Law Marital Estate, John V. Orth

BYU Law Review

No abstract provided.

Counting Votes And Discounting Holdings In The Supreme Court's Takings Cases, Richard J. Lazarus

William & Mary Law Review

No abstract provided.

Moving From Colonias To Comunidades: A Proposal For New Mexico To Revisit The Installment Land Contract Debate, Elizabeth M. Provencio

Michigan Journal of Race and Law

Communities of Mexican Americans in the Southwest, known as colonias, have provided many low-income buyers with affordable opportunities. Affordability, however, comes at a high price for the colonias residents. Most of the buyers live in colonias pursuant to installment land contracts, devices which allow buyers to spread the purchase price of property over a number of years but leave them without legal title or equity under New Mexico law. The buyers sacrifice their legal rights to "own" small, unimproved lots of land in developments that are often without electricity, gas, a sewage system, and indoor plumbing. The author argues …

Recent Developments In American Indian Law

American Indian Law Review

No abstract provided.

Is It A Grantor Chartable Lead Trust Or Not - How The Grantor Trust Rules Interact With The Charitable Lead Trust, 30 J. Marshall L. Rev. 1023 (1997), Jennifer I. Last

UIC Law Review

No abstract provided.

The Parma Housing Racial Discrimination Remedy Revisited, W. Dennis Keating

Cleveland State Law Review

In 1980, the city of Parma, Ohio, Cleveland's largest suburban city was found guilty of violating the Fair Housing Act. Along with the Gautreaux, Mt. Laurel, and Yonkers cases, the Parma case represents a longstanding remedy aimed at eliminating a pattern and practice of municipal discrimination in housing. It raises the issue of how far courts and the federal judiciary in particular, are willing and able to go in order to address systematic patterns of housing segregation. This article reviews the original decision and its appeal, the implementation of the original remedy, and the more recent remedy and its prospects …

Property And The First Amendment, Mark Cordes

University of Richmond Law Review

The last decade has seen an increased recognition of property rights in Supreme Court analysis. This is most evident in the area of takings law, where the Court has on at least four occasions expanded property rights relative to government regulation. Perhaps even more significant than the results themselves has been the Court's tone in these decisions, where it has emphasized that property rights are to be taken seriously and are not a "poor relation" to other constitutional safeguards. This has led some commentators to suggest that recognition of property rights is becoming a primary agenda item of the Court.

Annual Survey Of Virginia Law: Property Law, Susan M. Pesner, Martin C. Conway

University of Richmond Law Review

The year 1997 proved to be exceptional in the relatively quiet area of property law. After a number of failed attempts, bills addressing the unauthorized practice of law were finally presented to the General Assembly and passed. Effective July 1, 1997, the Commonwealth of Virginia will regulate residential real estate settlements for the first time in its 390-year history.

The Public Interest In Private Property Rights, James L. Huffman

Oklahoma Law Review

No abstract provided.

An Oklahoma Slant To Environmental Protection And The Politics Of Property Rights, Drew L. Kershen

Oklahoma Law Review

No abstract provided.